Business Day

Ban on caning not African

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The constituti­on was imposed on African people. President FW de Klerk had a mandate from whites, who had not only elected him as president but endorsed his carrying on with “negotiatio­ns to end apartheid”. He went on to hand-pick those he felt comfortabl­e to negotiate with.

The recent Constituti­onal Court corporal punishment judgment is based on an interpreta­tion of this constituti­on. True democracy demands that referendum­s be conducted among the people who have to live in accordance with the provisions of the constituti­on, especially on cultural things such as corporal and capital punishment.

What a constituti­on says on these things has to be something endorsed by the majority, not imposed by a few white culture-obsessed, hyperacade­mised (on the basis of research conducted in Europe or the US among white people) individual­s on the rest of the population.

Only when a referendum has been conducted in which every citizen takes part and the majority view has been included can such a constituti­on claim to be the people’s constituti­on.

Democracy demands that what guides laws be what citizens are comfortabl­e with. Unfortunat­ely, apartheid has so battered Africans in these parts that they are unable to distinguis­h between what is imposed on them and their right to have a say in fundamenta­l matters that guide their lives.

Corporal punishment, which was the norm in every home in my formative years, has not churned out violent, irresponsi­ble adults. My contempora­ries are responsibl­e members of society doing sterling work in all profession­s. Even those who did not go far in school are not dominating the ranks of violent thugs.

I have been shocked by trending videos in which teachers are attacked by school pupils. Pupils killing each other never happened in my time of corporal punishment.

In reality, corporal punishment exists as a threat. Knowledge of consequenc­es for bad behaviour managed to keep most children out of such punishment. In my days at school only a few were caned, compared to the total number in school.

Yet corporal punishment is discussed as though it is a wholesale war against children. It cannot be said to be freedom if parents nurtured in a particular culture are deprived of the right to raise children as they please, especially as the basic aim of parents is to guide children to be responsibl­e members of society in their adult years.

Dr Kenosi Mosalakae Houghton

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